Can Burneys Sweets More franchisees develop advertising materials for their own use?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
You may develop advertising materials for your own use at your own cost. We encourage the sharing by franchisees of advertising ideas and materials. We require you to submit advertising and promotional materials to us in advance and to obtain our approval before using them. You are required to follow our instructions in connection with any advertising or promotional materials we provide for your use. (Franchise Agreement Section 8(g).) Failure to follow our instructions regarding pre-approval of advertising materials will result in fines. These fines will be as follows: 1 st infraction: $0, 2nd infraction: $100, and third or subsequent infraction: $500. Imposition of these fines will in no way waive our right to consider your use of unapproved advertising as a default-triggering event, such as that described at Franchise Agreement Section 17(c)(v).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 25–33)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees can develop their own advertising materials at their own cost. However, Burneys Sweets More requires franchisees to submit these materials for approval before use. Franchisees are also required to follow any instructions Burneys Sweets More provides regarding advertising or promotional materials.
Failure to obtain pre-approval for advertising materials can result in fines. The first infraction results in a $0 fine, the second infraction incurs a $100 fine, and the third or subsequent infractions will result in a $500 fine.
Burneys Sweets More also states that imposing these fines does not waive their right to consider the use of unapproved advertising as a default-triggering event, as described in the Franchise Agreement. This means that repeated or serious violations regarding advertising could potentially lead to termination of the franchise agreement.